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Thread: Downward modification, garnishment, and serving an inmate in another state

  1. #1
    crayondrea is offline Junior Member
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    Question Downward modification, garnishment, and serving an inmate in another state

    What is the name of your state (only U.S. law)? Florida

    *waves hello*

    After a difficult 7 year marriage I filed for divorce. The divorce was finalized in Florida, and we entered into a Marital Settlement Agreement stating that I have primary physical residence of our 3 children and he pays support directly to me on a monthly basis, which was adopted by the court and included in the Final Judgment, dated November 2011. Each month he has paid that obligation via EFT from his bank account to mine.

    After the final judgment was entered he moved to Texas, was arrested for trafficking marijuana, and was given a deferred sentence pending his successful completion of felony probation. He faces 10 years in prison for violation of probation.

    On October 1st, he was arrested for DWI and is being held in the El Paso County Jail. He has violated the terms of his probation as follows, and is being charged in Texas with:
    1. DWI
    2. Drinking alcohol
    3. Failure to pay child support to his first wife (Last payment to her was in January)
    4. Driving on a suspended Florida license (support delinquency suspension via FL Child Support Enforcement)

    He has an attorney for the above mentioned case, and his Arraignment/Pretrial is set for tomorrow. His roommate has been in constant contact with him and has informed me of the previously stated facts. From what she's told me, he's likely only facing a few months in the county jail and 9 months in a rehabilitation facility. I can't verify that, being as it's 3rd party information.

    Having said all of that...
    He is now 2 months behind in his support payments to me, and has yet to notify the Florida courts or Child Support Enforcement that he moved to Texas last year. He has MY address listed as his current address on his drivers license, and in all of his Florida cases.

    Obviously, he can't pay child support if he's in jail. However, he still receives a monthly pension via EFT. I'd like to file for a downward modification of support and request that it be garnished from his bank account until he is released, at which time he can begin making the payments himself.

    Here are my questions:
    1. If I file a Motion for Modification of the Final Judgment, would that allow me to request a bank levy in order to continue receiving support payments, or would I need to file a Motion for Contempt in order to do that?

    2. If I do attempt this legal action, do I have him personally served at the jail, or would I have it served on the attorney that is representing him in the Texas case?

    3. Is it even worth bringing to light the fact that he has violated 2 Florida Court Orders by not notifying the courts that he moved to Texas over a year ago?

    I'm really not trying to kick him while he's down, I just want to secure support for the children, if at all possible. My thought is that if I request the downward modification that could free up more of his monthly pension for his first wife's support order so that all 6 of his children (3 with me, 3 with her) are provided for consistently while he is incarcerated. However, it would be up to her to file with the court for her portion.

    I thank you for taking the time to read this massive post, and appreciate any assistance in this matter.
  2. #2
    BigMouthWino is offline Member
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    One way to support your children would be to get a job and support them yourself. If he goes to jail the support will likely be modified DOWN not UP. If the support money you received via EFT is later deemed to be profits of his marijuana trafficking operation - look to have those funds seized. Make him mad enough and he might whisper in a prosecutor's ear that that is how he was paying his child support.
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by BigMouthWino View Post
    One way to support your children would be to get a job and support them yourself. If he goes to jail the support will likely be modified DOWN not UP. If the support money you received via EFT is later deemed to be profits of his marijuana trafficking operation - look to have those funds seized. Make him mad enough and he might whisper in a prosecutor's ear that that is how he was paying his child support.


    She's not asking about an upwards mod. She's talking about a downward modification.
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  4. #4
    CJane is offline Senior Member
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    Quote Originally Posted by BigMouthWino View Post
    One way to support your children would be to get a job and support them yourself. If he goes to jail the support will likely be modified DOWN not UP. If the support money you received via EFT is later deemed to be profits of his marijuana trafficking operation - look to have those funds seized. Make him mad enough and he might whisper in a prosecutor's ear that that is how he was paying his child support.
    One way to be effective on this, and other forums, would be to post advice/responses that actually apply to the situation at hand.
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  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by BigMouthWino View Post
    One way to support your children would be to get a job and support them yourself. If he goes to jail the support will likely be modified DOWN not UP. If the support money you received via EFT is later deemed to be profits of his marijuana trafficking operation - look to have those funds seized. Make him mad enough and he might whisper in a prosecutor's ear that that is how he was paying his child support.
    Do you practise saying inappropriate things or does it just come naturally? Seriously Big, some of the stuff you post just makes you look bad.
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  6. #6
    Silverplum is offline Senior Member
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    How many chiding responses, precisely, is it before The Nice Girls call this "piling on?"

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  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    How many chiding responses, precisely, is it before The Nice Girls call this "piling on?"

    I should have read the whole thread before I responded...
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  8. #8
    crayondrea is offline Junior Member
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    I'm sure that you don't often get custodial parents who are requesting downward modifications.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by crayondrea View Post
    What is the name of your state (only U.S. law)? Florida

    *waves hello*

    After a difficult 7 year marriage I filed for divorce. The divorce was finalized in Florida, and we entered into a Marital Settlement Agreement stating that I have primary physical residence of our 3 children and he pays support directly to me on a monthly basis, which was adopted by the court and included in the Final Judgment, dated November 2011. Each month he has paid that obligation via EFT from his bank account to mine.

    After the final judgment was entered he moved to Texas, was arrested for trafficking marijuana, and was given a deferred sentence pending his successful completion of felony probation. He faces 10 years in prison for violation of probation.

    On October 1st, he was arrested for DWI and is being held in the El Paso County Jail. He has violated the terms of his probation as follows, and is being charged in Texas with:
    1. DWI
    2. Drinking alcohol
    3. Failure to pay child support to his first wife (Last payment to her was in January)
    4. Driving on a suspended Florida license (support delinquency suspension via FL Child Support Enforcement)

    He has an attorney for the above mentioned case, and his Arraignment/Pretrial is set for tomorrow. His roommate has been in constant contact with him and has informed me of the previously stated facts. From what she's told me, he's likely only facing a few months in the county jail and 9 months in a rehabilitation facility. I can't verify that, being as it's 3rd party information.

    Having said all of that...
    He is now 2 months behind in his support payments to me, and has yet to notify the Florida courts or Child Support Enforcement that he moved to Texas last year. He has MY address listed as his current address on his drivers license, and in all of his Florida cases.

    Obviously, he can't pay child support if he's in jail. However, he still receives a monthly pension via EFT. I'd like to file for a downward modification of support and request that it be garnished from his bank account until he is released, at which time he can begin making the payments himself.

    Here are my questions:
    1. If I file a Motion for Modification of the Final Judgment, would that allow me to request a bank levy in order to continue receiving support payments, or would I need to file a Motion for Contempt in order to do that?
    That's a question I can't answer -- it's a question you could ask an attorney. Try your yellow pages: many have free initial consults. Write your questions down, get answers, in and out for free.

    Quote Originally Posted by crayondrea
    2. If I do attempt this legal action, do I have him personally served at the jail, or would I have it served on the attorney that is representing him in the Texas case?
    It's a Florida case you're starting. I can't imagine that the TX attorney can or will rep him in a FL case. I'd have him served at his jailhouse.

    Quote Originally Posted by crayondrea
    3. Is it even worth bringing to light the fact that he has violated 2 Florida Court Orders by not notifying the courts that he moved to Texas over a year ago?
    What's the point?

    Quote Originally Posted by crayondrea
    I'm really not trying to kick him while he's down, I just want to secure support for the children, if at all possible. My thought is that if I request the downward modification that could free up more of his monthly pension for his first wife's support order so that all 6 of his children (3 with me, 3 with her) are provided for consistently while he is incarcerated. However, it would be up to her to file with the court for her portion.

    I thank you for taking the time to read this massive post, and appreciate any assistance in this matter.
    crayondrea likes this.
  10. #10
    crayondrea is offline Junior Member
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    Quote Originally Posted by Silverplum View Post
    That's a question I can't answer -- it's a question you could ask an attorney. Try your yellow pages: many have free initial consults. Write your questions down, get answers, in and out for free.
    Yes ma'am.


    Quote Originally Posted by Silverplum View Post
    It's a Florida case you're starting. I can't imagine that the TX attorney can or will rep him in a FL case. I'd have him served at his jailhouse.
    I thought that would be the correct answer, but I didn't want to assume. Thank you.


    Quote Originally Posted by Silverplum View Post
    What's the point?
    Touche'.
    Silverplum likes this.
  11. #11
    Silverplum is offline Senior Member
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    Quote Originally Posted by crayondrea View Post
    Yes ma'am.
    I've been waiting ALL MY LIFE for that answer!

    Quote Originally Posted by crayondrea
    I thought that would be the correct answer, but I didn't want to assume. Thank you.
    You're quite welcome. However, I'm NOT an attorney -- you'd want to check all your questions and answers with the attorney/s you interview.

    Quote Originally Posted by crayondrea
    Touche'.
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  12. #12
    BigMouthWino is offline Member
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    Quote Originally Posted by Silverplum View Post
    That's a question I can't answer -- it's a question you could ask an attorney. Try your yellow pages: many have free initial consults. Write your questions down, get answers, in and out for free.
    The vast majority of family law attorneys do not offer free consultations. Any who do I don't know how much I would trust their advice.
  13. #13
    TheGeekess is offline Senior Member
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    Quote Originally Posted by BigMouthWino View Post
    The vast majority of family law attorneys do not offer free consultations. Any who do I don't know how much I would trust their advice.
    Maybe not to you.
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  14. #14
    TinkerBelleLuvr is offline Senior Member
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    Since Big Mouth fails to do RESEARCH prior to opening his mouth, in FLORIDA, where this case has jurisdiction, the OP can get low-cost (think $25) review of her case to get further advise.

    http://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/EC2322E512B83D1E85256B2F006CC812?OpenDocument
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  15. #15
    crayondrea is offline Junior Member
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    I spoke with a lawyer here in Florida this morning, and she actually chided me for even considering a downward modification. She did, however, point me in the right direction as to which form to file. She said I should use a modification motion rather than a contempt motion since he is not in willful contempt.

    I was really taken aback by her reaction to the downward mod. "If the other custodial parent from another case wants to enforce her order, it's none of your concern". So much for trying to make sure that I'm still doing right by my (former) stepkids.

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